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EPA/AR RIN: 2060-AP75 Publication ID: Spring 2010 
Title: Implementation of the New Source Review Program for Particulate Matter Less Than 2.5 Micrometers--Repeal of Grandfathering Provision and End Early the PM10 Surrogate Policy 
Abstract: On May 16, 2008, EPA amended its Prevention of Significant Deterioration (PSD) rules to include new requirements for Particulate Matter (PM)2.5. Included in the rule was a grandfathering provision under the federal PSD program at 40 CFR 52.21, which allowed sources that submitted complete PSD permit applications before the effective date of the final rule, but had not yet received their permit by the effective date, to continue using the PM10 Surrogate Policy to satisfy the requirements for PM2.5. EPA received a petition for reconsideration and request for an administrative stay of this provision from the National Resource Defense Council and Sierra Club, claiming that the provision was not proposed for public comment and was no longer technically justified. EPA granted reconsideration, agreed to stay the grandfathering provision for three months—effective June 1, 2009, and committed to propose to repeal the provision. This action repeals the grandfathering provision and address the conditions under which the PM10 Surrogate Policy is applicable. 
Agency: Environmental Protection Agency(EPA)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Final Rule Stage 
Major: No  Unfunded Mandates: No 
CFR Citation: 40 CFR 51.166    40 CFR 52.21   
Legal Authority: 42 USC 7410    42 USC 7501 et seq    42 USC 7601(a)(1)   
Legal Deadline:  None
Timetable:
Action Date FR Cite
NPRM  02/11/2010  75 FR 6827   
NPRM Comment Period End  03/29/2010    
Final Action  07/00/2010    
Additional Information: SAN No. 4752.4; EPA publication information: NPRM - http://www.regulations.gov/search/Regs/home.html#documentDetail?R=0900006480a91043; Split from RIN A2060. Split from RIN 2060-AN86. Split from RIN 2060-AK74; EPA Docket information: EPA-HQ-OAR-2003-0062.
Regulatory Flexibility Analysis Required: No  Government Levels Affected: Federal, Local, State, Tribal 
Small Entities Affected: No  Federalism: No 
Included in the Regulatory Plan: No 
RIN Information URL: www.epa.gov/nsr/  
RIN Data Printed in the FR: No 
Agency Contact:
Dan DeRoeck
Environmental Protection Agency
Air and Radiation
C504-03,
Research Triangle Park, NC 27711
Phone:919 541-5593
Fax:919 541-5509
Email: deroeck.dan@epamail.epa.gov

Chuck Buckler
Environmental Protection Agency
Air and Radiation
C504-03,
Research Triangle Park, NC 27711
Phone:919 541-0873
Fax:919 541-5509
Email: buckler.charles@epa.gov